This is the latest version of this By-law.
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Jurisdiction
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Cape Town
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Date
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18 February 2026
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Language
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English
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Publication
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Download PDF
(372.7 KB)
Cape Town
South Africa
City Ombudsman By-law, 2025
To provide for the appointment, powers and functions of the Ombudsman, to provide for the procedures, roles and responsibilities of the Office of the City Ombudsman, and to provide for matters incidental thereto.Preamble
WHEREAS section 156(2) and (5) of the Constitution provides that a municipality may make and administer by-laws for the effective administration of matters which it has the right to administer, and to exercise any power concerning a matter reasonably necessary for, or incidental to, the effective performance of its functions;AND WHEREAS the primary function of the City Ombudsman’s office is to assist the City of Cape Town in fulfilling its legislative obligation to provide accountable, democratic and transparent governance to those who reside in the area of jurisdiction of the City of Cape Town;AND WHEREAS there is a need for a mechanism, whereby residents of the City of Cape Town can formally lodge complaints against alleged acts of maladministration; andAND WHEREAS the Council, its political structures and its administration must assist and protect the Office of the City Ombudsman to ensure its independence, credibility, impartiality, dignity and effectiveness,NOW THEREFORE BE IT ENACTED by the Council of the City of Cape Town as follows:—1. Definitions
In this by-law, unless the context otherwise indicates—“alternative dispute resolution” means to address a complaint in an informal, impartial and confidential manner."authorised official" means an employee of the City responsible for carrying out or exercising any lawful duty, function or power and includes employees delegated to carry out or exercise such duties, functions or powers.“case” means a complaint that has been allocated for investigation.“City” means the City of Cape Town, a municipality established by the City of Cape Town Establishment Notice No. 479 of 2000 issued in terms of section 12 the Local Government: Municipal Structures Act, 1988 (Act 117 of 1998), or any structure or employee of the City acting in terms of delegated authority."City Manager" means the municipal manager appointed in terms of section 54A of the Local Government: Municipal Systems Act, 2000 (Act No. 32 of 2000)."City Ombudsman" means the person appointed as the City Ombudsman in terms of section 5 of this By-law."complainant" means any person, or body of persons who has lodged a complaint with the Office of the City Ombudsman as provided for in this By-law."complaint" means a written complaint, against the City that has been submitted to the Office of the City Ombudsman in terms of section 8 of this By-law."Constitution" means the Constitution of the Republic of South Africa, 1996."Council" means the Municipal Council of the City."councillor" means a member of the Council.“day/s” means any day excluding a Saturday, Sunday, or public holiday.“determination” means a final outcome by the Office of the City Ombudsman on a complaint other than a recommendation.“maladministration” means any act or omission committed by the City or by an employee of the City which has the impact of infringing upon a person or organisation’s right to fair administrative action."Municipal Structures Act" means the Local Government: Municipal Structures Act, 1998 (Act No. 117 of 1998)."Policy" means the City Ombudsman Policy."recommendation" means a final resolution on a complaint, other than a determination, where the outcome of the complaint recommends corrective action to a department."Speaker" means a person elected in terms of section 36 of the Municipal Structures Act, 1998.2. Application
(1)This By-law applies within the area of jurisdiction of the City.(2)The Office of the City Ombudsman (OCO) investigates complaints of alleged acts of maladministration.3. The Office of the City Ombudsman
(1)The OCO must be a member of an Ombudsman professional body an example being the International Ombudsman Institute or International Ombudsman Association, or related bodies, subject to Council approval for such City membership.(2)The OCO must at all times, be impartial and exercise its powers and perform its functions and duties without fear, favour or prejudice.(3)The Council, its committees, and the City administration must facilitate the unhindered functioning of the OCO.4. Structure
(1)The OCO will consist of the City Ombudsman and such other persons who may be necessary for the effective exercise of the powers and performance of the functions and duties provided for in this By-law and the Policy.(2)The OCO may establish satellite offices for purposes of decentralising the services offered by the OCO.5. Appointment and term of the City Ombudsman
(1)The appointment of the City Ombudsman will be done in accordance with the City’s Human Resources (HR) policies.(2)The City Ombudsman must—(a)be a South African citizen;(b)be a fit and proper person to hold that particular office; and(c)have relevant qualifications, competence and experience, suitable to hold the position.(3)A person may be appointed as the City Ombudsman for a non-renewable period not exceeding 10 (ten) years from date of appointment.6. Process and powers of the Office of the City Ombudsman
(1)On receipt of a complaint, the OCO must assess the complaint for the purposes of determining the merits of the complaint.(2)The OCO may investigate complaints against alleged acts of maladministration submitted in accordance with section 8.(3)Where the result of the assessment determines that such complaint—(e)lacks sufficient evidence, or(f)for any similar reason should not be considered in terms of this By-law,the complainant will be notified in writing that the complaint will not be investigated, with reason (s).(4)Subject to subsection (5), where a complainant, in the opinion of the OCO, has remedies at his or her disposal and has not exhausted those remedies, the OCO may—(a)decline to investigate the complaint concerned; and(b)inform the complainant of such other remedies that may exist.(5)Notwithstanding the provisions of subsection (4) above, where the OCO on reasonable grounds believes that refusing to investigate a complaint would, because of poverty or lack of capacity on behalf of the complainant, result in a failure of justice, the OCO may investigate a complaint where other remedies have not been explored by the complainant.(6)For the purposes of an investigation contemplated in this By-law, the OCO will have the power to—(a)require reasonable access to any book, record, file or other documents as well as physical property of the Council;(b)demand in writing that any employee appear before him or her, to produce any book, record, file, object or document whether written or in electronic form;(c)enter any premises owned, controlled or managed by the Council and examine any book, record, file or other documents and physical property in the course of such a visit;(d)take charge of and remove anything referred to in paragraph (7(b));(e)require that an official or department within the City provide relevant information within a stipulated timeframe;(f)require an official to appear at the OCO for the purpose of providing information relating to any investigation;(g)exclude from any meeting any person whose presence, in the circumstances, is not desirable;(h)institute, should the relevant parties consent thereto, alternative dispute resolution or other facilitative processes which are aimed at addressing the complaint; and(i)recommend corrective action to the relevant authorised official, should the OCO deem it necessary, after having completed an investigation or alternative dispute resolution or any other facilitative process.7. Matters not for investigation
The OCO does not investigate the following:(a)legislative or executive decisions by the Council, or any of its portfolio committees or sub-councils;(b)matters that fall within the domain of the City's Fraud Prevention Policy;(c)matters or disputes which are dealt with or settled within the field of labour law;(d)matters or disputes that must be dealt with in terms of a court of law;(e)cases where the complainant has not first reported the matter to the line department subject to section 6(5) of this By-law;(f)any alleged irregular conduct of a councillor;(h)any supply chain management matter; or(i)administrative appeals.8. Submission of complaints
(1)All complaints submitted to the OCO must be in writing.(2)Where a complainant is not able to compile a written complaint, he or she will be assisted by an authorised official in the OCO.(3)Each complaint must at least specify—(a)the nature of the matter in question;(b)the line department in question, if known to the complainant;(c)the grounds on which the complaint against the City is based;(d)such facts or other relevant information known to the complainant; and9. Offences and penalties
(1)No person may—(a)harass any official in the OCO in the course and scope of their duties;(b)act in a manner that would have the effect of hampering, hindering, obstructing or subverting an investigation; or(c)do anything in connection with an investigation that would constitute contempt of court, had the matter been brought before a court of law.(2)Any person found guilty of contravening section 9(1) of this By-Law, shall be guilty of an offence and upon conviction, be liable to a fine or imprisonment of a maximum period of three (3) months.10. Repeal
The City Ombudsman By-law 2015 and the City Ombudsman Amendment By-law 2016 are hereby repealed.11. Short title and date of commencement
This By-law is called the City of Cape Town: City Ombudsman By-law, 2025 and will take effect on the date of publication in the Provincial Gazette.